Swapan Banerjee And ORS v. The State Of West Bengal And ORS

ORDER SHEET WPO 1923 of 2022

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SWAPAN BANERJEE & ORS.

VS.

THE STATE OF WEST BENGAL & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 13th April, 2022 Mr. Debdutta Basu, Advocate for the petitioner. Ms. Deblina Chattaraj, Advocate for WBTC Ltd. Mr. Naba Kumar Das, Mr. Subhabrata Das, Advocates for the State. The Court : Affidavit of service filed in Court today is taken on record.

The petitioners are in contractual employment of Calcutta Tramways Company (1978) Ltd. (in short 'CTC') now known as West Bengal Transport Corporation (in short 'WBTC'). The petitioners say that juniors to them have been regularised but for unknown reasons the petitioners are yet to be regularised. The petitioners cite the case of Nitish Anand, also an employee of CTC now known as WBTC. The petitioners say that Nitish Anand who is much junior to the petitioners has been regularised after his case was directed to be considered by an order dated 3rd March, 2021 passed in WPA 4650 of 2020 (Nitish Anand Vs. WBTC and others). The petitioners also say that they have made individual representations which appear at pages 38 to

41 of the writ petition but none of the representations so made has been considered and disposed of by WBTC.

In the aforesaid facts and circumstances, I think justice will be subserved if the respondent no.4 is directed to consider and dispose of the representations made by the petitioners appearing at pages 38 to 41 of the writ petition by a reasoned order after affording the petitioners an opportunity of hearing within a period of four months from date. The reasoned order that may be passed shall be immediately communicated to the petitioners.

Nothing further remains to be adjudicated in the matter. The writ petition is accordingly disposed of without any order as to costs. Since I have not called for any affidavit, the allegations contained in the writ petition are deemed to have not been admitted by the respondents. All parties including the respondent no.4 shall act on the basis of a server copy of this order without insisting upon production of a certified copy thereof.

(ARINDAM MUKHERJEE, J.) pa